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Water Pollution Prevention Law of the People's Republic of China

Release Date:2015-11-09 08:57:38 作者:Super administrator 点击:401

  Water Pollution Prevention Law of the People's Republic of China

  Order of the President of the People's Republic of China No. 87

  The "Law of the People's Republic of China on the Prevention and Control of Water Pollution" was amended and adopted by the 32nd Session of the Standing Committee of the Tenth National People's Congress of the People's Republic of China on February 28, 2008, and the revised "Law of the People's Republic of China on the Prevention and Control of Water Pollution" is hereby promulgated and shall come into force as of June 1, 2008。

  中华人民共和国主席 胡锦涛

  February 28, 2008

  Water Pollution Prevention Law of the People's Republic of China

  Adopted at the Fifth meeting of the Standing Committee of the Sixth National People's Congress on May 11, 1984 Decision on Amending the Water Pollution Prevention Law of the People's Republic of China at the 19th Meeting of the Standing Committee of the Eighth National People's Congress on May 15, 1996, Amended at the 32nd Meeting of the Standing Committee of the Tenth National People's Congress on February 28, 2008)

  目  录

  ** Chapter General provisions

  Chapter II Standards and plans for water pollution prevention and control

  Chapter III Supervision and administration of water pollution prevention and control

  Chapter IV Measures for water pollution prevention and control

  ** section general provisions

  Section 2 Prevention of Industrial water pollution

  Section 3 Urban water pollution prevention and control

  Section 4 Prevention and Control of agricultural and rural water pollution

  Section V Prevention and Control of water pollution from ships

  Chapter V Protection of Drinking water sources and other special water bodies

  Chapter VI Disposal of water pollution accidents

  Chapter VII Legal liability

  Chapter VIII Supplementary Provisions

  ** Chapter General provisions

  Article ** This Law is enacted for the purpose of preventing and controlling water pollution, protecting and improving the environment, ensuring the safety of drinking water and promoting comprehensive, coordinated and sustainable economic and social development。

  Article 2 This Law shall apply to the prevention and control of pollution of rivers, lakes, canals, channels, reservoirs and other surface water bodies as well as underground water bodies within the territory of the People's Republic of China。

  Marine pollution prevention and control shall be governed by the Marine Environment Protection Law of the People's Republic of China。

  Article 3 The prevention and control of water pollution shall adhere to the principles of giving priority to prevention, combining prevention and control with comprehensive treatment, giving priority to the protection of drinking water sources, strictly controlling industrial pollution and urban domestic pollution, preventing and controlling pollution from non-point agricultural sources, actively promoting the construction of ecological treatment projects, and preventing, controlling and reducing water environmental pollution and ecological damage。

  Article 4 People's governments at or above the county level shall incorporate the work of water environmental protection into their plans for national economic and social development。

  The local people's governments at or above the county level shall take countermeasures and measures to prevent and control water pollution and be responsible for the water environment quality in their respective administrative areas。

  Article 5 The state implements the water environmental protection target responsibility system and assessment and evaluation system, and takes the completion of water environmental protection targets as the content of assessment and evaluation of local people's governments and their responsible persons。

  Article 6 The State encourages and supports scientific and technological research on the prevention and control of water pollution and the popularization and application of advanced and applicable technologies, and strengthens publicity and education on water environmental protection。

  Article 7 The State shall, through financial transfer payments and other means, establish and improve a compensation mechanism for the protection of the water environment and ecology in the protected areas of drinking water sources and the upstream areas of rivers, lakes and reservoirs。

  Article 8 The competent departments of environmental protection of the people's governments at or above the county level shall exercise unified supervision and administration over the prevention and control of water pollution。

  The maritime administrative organs of the competent communications departments shall exercise supervision and administration over the prevention and control of waters polluted by ships。

  The departments of water administration, land and resources, public health, construction, agriculture, fishery and other departments of the people's governments at or above the county level, as well as the agencies for the protection of water resources in the basins of important rivers and lakes, shall, within the scope of their respective functions and duties, exercise supervision and administration over the prevention and control of water pollution。

  Article 9 The discharge of water pollutants shall not exceed the national or local standards for the discharge of water pollutants and the targets for controlling the total discharge of key water pollutants。

  Article 10 Any unit or individual shall have the obligation to protect the water environment and shall have the right to report any act of pollution damaging the water environment。

  The people's governments at or above the county level and their relevant competent departments shall commend and award units and individuals that have made outstanding achievements in the prevention and control of water pollution。

  Chapter II Standards and plans for water pollution prevention and control

  Article 11 The competent department of environmental protection under The State Council shall establish the national standards for water environment quality。

  The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate local standards for items not specified in the national standards for water environment quality and report them to the competent department of environmental protection under The State Council for the record。

  Article 12 The competent department of environmental protection under The State Council shall, in conjunction with the competent department of water administration under The State Council and the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government,It may be based on the functions of the water bodies of important rivers and lake basins determined by the State and the economic and technical conditions of the relevant areas,To determine the water environment quality standards applicable to the provincial boundary water bodies of the important river and lake basins,It shall come into force after being submitted to The State Council for approval。

  Article 13 The competent department of environmental protection under The State Council shall, in accordance with the national standards for water environment quality and the national economic and technological conditions, formulate the national standards for the discharge of water pollutants。

  The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may establish their local standards for the discharge of water pollutants for items not specified in the national standards for the discharge of water pollutants;For items already specified in the national standards for the discharge of water pollutants, local standards for the discharge of water pollutants that are stricter than the national standards for the discharge of water pollutants may be formulated。Local standards for discharge of water pollutants shall be reported to the competent department of environmental protection under The State Council for the record。

  Where pollutants are discharged into water bodies where local standards for the discharge of water pollutants have been established, the local standards for the discharge of water pollutants shall be implemented。

  Article 14 The competent department of environmental protection under The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the requirements for water pollution prevention and control and the national or local economic and technological conditions, timely revise the standards for water environment quality and the standards for the discharge of water pollutants。

  Article 15 Unified plans for the prevention and control of water pollution shall be made according to river basins or regions。Plans for the prevention and control of water pollution in river basins of important rivers and lakes determined by the State shall be formulated by the competent department of environmental protection under The State Council in conjunction with the departments for comprehensive economic macro-control and water administration under The State Council and the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government and submitted to The State Council for approval。

  Plans for the prevention and control of water pollution in river basins of rivers and lakes across provinces, autonomous regions and municipalities directly under the Central government other than those provided for in the preceding paragraph,Water pollution prevention and control plans for river basins of important rivers and lakes as determined by the state and local actual conditions,It shall be prepared by the competent departments of environmental protection of the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government together with the departments of water administration at the same level and the people's governments of relevant cities and counties,It shall be examined and approved by the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government,Submit to The State Council for approval。

  River basin water pollution prevention and control plans for cross-county rivers and lakes in provinces, autonomous regions and municipalities directly under the Central Government,Water pollution prevention and control plans for river basins of important rivers and lakes as determined by the state and local actual conditions,It shall be prepared by the competent environmental protection department of the people's government of the province, autonomous region and municipality directly under the Central Government together with the water administration department at the same level,It shall be submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval,And report to The State Council for the record。

  The approved plan for the prevention and control of water pollution is the basic basis for the prevention and control of water pollution, and the amendment of the plan shall be approved by the original approving authority。

  Local people's governments at or above the county level shall, in accordance with the plans for the prevention and control of water pollution in river basins and lakes approved by law, organize the formulation of plans for the prevention and control of water pollution in their respective administrative areas。

  Article 16 In developing, utilizing, regulating and dispatching water resources, the relevant departments under The State Council and the local people's governments at or above the county level shall take overall consideration to maintain the reasonable discharge of rivers and the reasonable water level of lakes, reservoirs and underground water bodies, so as to maintain the ecological functions of water bodies。

  Chapter III Supervision and administration of water pollution prevention and control

  Article 17 Environmental impact assessment shall be carried out in accordance with law for construction projects, reconstruction or expansion that directly or indirectly discharge pollutants into water bodies and other water facilities。

  Where a construction unit builds, renovates or expands a sewage outlet in a river or lake, it shall obtain the consent of the water administrative department or the basin administrative agency.Where navigation and fishery waters are involved, the competent department of environmental protection shall seek the opinions of the competent department of transportation and fishery when examining and approving the environmental impact assessment documents。

  Water pollution prevention and control facilities of construction projects shall be designed, constructed and put into use at the same time as the main part of the project。Water pollution prevention and control facilities shall be inspected and accepted by the competent department of environmental protection. If they fail to pass the acceptance inspection, the construction project shall not be put into production or use。

  Article 18 The State shall implement a total quantity control system for the discharge of key water pollutants。

  The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the provisions of The State Council, reduce and control the total discharge of key water pollutants in their respective administrative areas, and decompose and implement the total discharge control targets of key water pollutants to the people's governments of cities and counties。The municipal and county people's governments shall, in accordance with the requirements of the total control indicators for the discharge of key water pollutants in their respective administrative areas, decompose and implement the total control indicators for the discharge of key water pollutants to the discharging units。The specific measures and implementation steps shall be formulated by The State Council。

  The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the quality of the water environment and the needs of water pollution prevention and control in their respective administrative areas, determine the key water pollutants for total reduction and control in their respective administrative areas。

  For areas where the total discharge of key water pollutants exceeds the control target, the competent environmental protection departments of the relevant people's governments shall suspend the examination and approval of the environmental impact assessment documents of construction projects with new total discharge of key water pollutants。

  Article 19 The competent department of environmental protection under The State Council shall make public those provinces, autonomous regions and municipalities directly under the Central Government that fail to fulfill the total control targets for the discharge of key water pollutants as required。The competent departments of environmental protection of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall announce those cities and counties that fail to fulfill the total control targets for the discharge of key water pollutants as required。

  The competent environmental protection department of the people's government at or above the county level shall make public the enterprises that violate the provisions of this Law and seriously pollute the water environment。

  Article 20 The State shall implement a system of pollutant discharge permits。

  Any enterprise or institution that directly or indirectly discharges industrial waste water, medical sewage and other waste water or sewage that, according to regulations, can be discharged only after it has obtained a discharge permit, shall obtain a discharge permit;An operating unit of a centralized urban sewage treatment facility shall also obtain a discharge permit。The specific measures and implementation steps for pollutant discharge permits shall be formulated by The State Council。

  Enterprises and institutions shall be prohibited from discharging waste water and sewage prescribed in the preceding paragraph into any water body without a discharge permit or in violation of the provisions of the discharge permit。

  Article 21 Enterprises, institutions and individual industrial and commercial households that directly or indirectly discharge pollutants into a water body,The provisions of the competent department of environmental protection under The State Council shall be followed,To report and register with the competent department of environmental protection of the local people's government at or above the county level the discharge and treatment facilities of water pollutants and the types, quantities and concentrations of water pollutants discharged under normal operating conditions,And provide relevant technical data on the prevention and control of water pollution。

  The types, quantities and concentrations of water pollutants discharged by enterprises, public institutions and individual industrial and commercial households have changed significantly,Shall report and register in a timely manner;Its water pollutant treatment facilities shall be maintained in normal use;Dismantling or idling water pollutant treatment facilities,Approval shall be submitted in advance to the competent department of environmental protection of the local people's government at or above the county level。

  Article 22 Enterprises, institutions and individual industrial and commercial households that discharge pollutants into water bodies shall set up sewage outlets in accordance with laws, administrative regulations and the provisions of the competent environmental protection department under The State Council.The establishment of sewage outlets in rivers and lakes shall also comply with the provisions of the department of water administration under The State Council。

  It is prohibited to discharge water pollutants by setting up private pipes or taking other ways to circumvent supervision。

  Article 23 Key pollutant discharge units shall install automatic monitoring equipment for water pollutant discharge, network with the monitoring equipment of the competent department of environmental protection, and ensure the normal operation of the monitoring equipment。An enterprise that discharges industrial wastewater shall monitor the industrial wastewater it discharges and keep the original monitoring records。Specific measures shall be formulated by the competent department of environmental protection under The State Council。

  List of key pollutant discharging units that shall install automatic monitoring equipment for water pollutant discharge,The competent department of environmental protection of the local people's government at or above the municipal level divided into districts shall, in accordance with the environmental capacity of the administrative area, the requirements of the total discharge control indicators of key water pollutants, and the types, quantities and concentrations of water pollutants discharged by the pollutant discharging unit, etc,The relevant departments at the same level to determine。

  Article 24 Enterprises, public institutions and individual industrial and commercial households that discharge pollutants directly into a water body shall pay a pollutant discharge fee according to the types and quantities of water pollutants discharged and the standards for collecting the pollutant discharge fee。

  Pollution discharge fees shall be used for the prevention and control of pollution and may not be appropriated for other purposes。

  Article 25 The State establishes a monitoring system for water environment quality and water pollutant discharge。The competent department of environmental protection under The State Council shall be responsible for formulating standards for water environment monitoring, uniformly releasing information on the state's water environment situation, and organizing a monitoring network together with other departments of water administration under The State Council。

  Article 26 The water resources protection agencies of major rivers and lake basins designated by the State shall be responsible for monitoring the water environment quality of the provincial boundary water bodies of the river basins in which they are located,And timely report the monitoring results to the competent department of environmental protection and the competent department of water administration under The State Council;There are leading agencies for the protection of river basin water resources established with the approval of The State Council,The monitoring results shall be promptly reported to the basin water resources protection authority。

  Article 27 The competent department of environmental protection and other departments that exercise the power of supervision and administration in accordance with the provisions of this Law shall have the right to conduct on-site inspections of units that discharge pollutants within their jurisdiction. The units under inspection shall truthfully report the situation and provide necessary information。The inspection organ shall be obliged to keep confidential the business secrets obtained in the course of inspection for the units under inspection。

  Article 28 Cross-administrative disputes over water pollution shall be settled through consultation by the relevant local people's governments or through coordination by the people's governments at the same higher level。

  Chapter IV Measures for water pollution prevention and control

  ** section general provisions

  Article 29 It is prohibited to discharge oil, acid, alkali or highly toxic waste liquid into any water body。

  It is prohibited to clean vehicles and containers that have been stored with oil or toxic pollutants in water bodies。

  Article 30 It is prohibited to discharge or dump radioactive solid waste or waste water containing high or medium radioactive substances into any water body。

  The discharge of waste water containing low-level radioactive substances into any water body shall comply with the provisions and standards of the State for the prevention and control of radioactive pollution。

  Article 31 Measures shall be taken to discharge heat-containing wastewater into any water body so that the water temperature meets the water environmental quality standards。

  Article 32 Pathogen-containing sewage shall be disinfected.Only after the relevant standards of the State are met can they be discharged。

  Article 33 It is prohibited to discharge or dump industrial waste residues, urban refuse and other wastes into any water body。

  It is prohibited to discharge, dump or bury directly into the ground soluble and highly toxic waste residues containing mercury, cadmium, arsenic, chromium, lead, cyanide, yellow phosphorus, etc。

  In places where soluble and highly toxic waste residue is stored, measures shall be taken to prevent water, leakage and loss。

  Article 34 It is forbidden to pile up or store solid wastes and other pollutants on the beaches and bank slopes below the highest water level of rivers, lakes, canals, channels and reservoirs。

  Article 35 It is prohibited to discharge or dump waste water containing toxic pollutants, sewage containing pathogens and other wastes by means of seepage Wells, pits, crevasses and karst caves。

  Article 36 Waste water containing toxic pollutants, sewage containing pathogens and other wastes are prohibited from being transported or stored in ditches, pits and ponds without anti-leakage measures。

  Article 37 Where the water quality of multi-layer groundwater aquifers differs greatly, they shall be mined in different layers.Contaminated diving and confined water shall not be exploited together。

  Article 38 Protective measures shall be taken to prevent groundwater pollution in the construction of underground engineering facilities or in the conduct of underground exploration and mining。

  Article 39 No groundwater quality may be deteriorated by artificial recharge。

  Section 2 Prevention of Industrial water pollution

  Article 40 The relevant departments under The State Council and the local people's governments at or above the county level shall rationally plan the layout of industries, require enterprises that cause water pollution to carry out technological transformation, adopt comprehensive prevention and control measures, increase the reuse rate of water and reduce the discharge of waste water and pollutants。

  Article 41 The State shall implement a system of elimination of backward technologies and equipment that seriously pollute the water environment。

  The department for comprehensive macroeconomic control under The State Council shall, in conjunction with the relevant departments under The State Council, publish a list of the processes that seriously pollute the water environment and a list of the equipment that is prohibited from being produced, sold, imported or used within a time limit。

  The producer, seller, importer or user shall, within the prescribed time limit, stop producing, selling, importing or using the equipment included in the list of equipment specified in the preceding paragraph。The adopter of the process shall stop using the process included in the list of processes specified in the preceding paragraph within the prescribed time limit。

  The equipment that has been eliminated in accordance with the provisions of paragraphs 2 and 3 of this Article may not be transferred to others for use。

  Article 42 The State prohibits the construction of any new small-scale paper making, leather making, printing and dyeing, dyes, coking, sulfur, arsenic, mercury, oil refining, electroplating, pesticides, asbestos, cement, glass, steel, thermal power and other production projects that are not in conformity with the industrial policies of the State and that seriously pollute the water environment。

  Article 43 Enterprises shall adopt a cleaning process with high utilization efficiency of raw materials and low discharge of pollutants, and strengthen management to reduce the generation of water pollutants。

  Section 3 Urban water pollution prevention and control

  Article 44 Urban sewage shall be treated centrally。

  Local people's governments at or above the county level shall raise funds through fiscal budgets and other channels, make overall arrangements for the construction of centralized urban sewage treatment facilities and supporting pipe networks, and improve the collection and treatment rate of urban sewage in their respective administrative areas。

  The competent construction department under The State Council shall, in conjunction with the competent department for comprehensive macro-economic control and environmental protection under The State Council, organize the compilation of a national plan for the construction of urban sewage treatment facilities in accordance with the urban and rural planning and the water pollution prevention and control planning。The local people's governments at or above the county level shall organize the departments of construction, comprehensive macro-economic control, environmental protection and water administration to draw up plans for the construction of urban sewage treatment facilities in their respective administrative areas。The competent construction department of the local people's government at or above the county level shall, in accordance with the plan for the construction of urban sewage treatment facilities, organize the construction of urban sewage treatment facilities and supporting pipe networks, and strengthen the supervision and administration of the operation of urban sewage treatment facilities。

  The operating units of urban centralized sewage treatment facilities shall, in accordance with the provisions of the State, provide paid sewage treatment services to the polluters, collect sewage treatment fees, and ensure the normal operation of the centralized sewage treatment facilities。Whoever discharges sewage to a centralized urban sewage treatment facility and pays the sewage treatment fee shall no longer pay the sewage discharge fee。The fees collected for sewage treatment shall be used for the construction and operation of centralized sewage treatment facilities in cities and towns and shall not be misappropriated for other purposes。

  Specific measures for sewage treatment fees, management and use of centralized urban sewage treatment facilities shall be formulated by The State Council。

  Article 45 The discharge of water pollutants into a central treatment facility for urban sewage shall comply with the standards for the discharge of water pollutants prescribed by the State or local government。

  Where the quality of the effluent from a central treatment facility for urban sewage reaches the discharge standards for water pollutants prescribed by the State or local government, the sewage discharge fee may be exempted from payment in accordance with the relevant provisions of the State。

  The operating unit of a centralized treatment facility for urban sewage shall be responsible for the quality of the effluent from the centralized treatment facility for urban sewage。

  The competent department of environmental protection shall supervise and inspect the quality and quantity of effluent from the centralized treatment facilities for urban sewage。

  Article 46 In constructing a landfill site for domestic waste, measures such as seepage prevention shall be taken to prevent water pollution。

  Section 4 Prevention and Control of agricultural and rural water pollution

  Article 47 The use of pesticides shall conform to the provisions and standards of the State concerning the safe use of pesticides。

  The transportation and storage of pesticides and the disposal of expired and invalid pesticides shall be strengthened to prevent water pollution。

  Article 48 The competent departments of agriculture and other relevant departments of the local people's governments at or above the county level shall take measures to guide agricultural producers in the scientific and rational application of chemical fertilizers and pesticides, control the excessive use of chemical fertilizers and pesticides, and prevent water pollution。

  Article 49 The State supports livestock and poultry farms and breeding areas to build facilities for the comprehensive utilization or harmless treatment of livestock and poultry feces and waste water。

  Livestock and poultry farms and breeding areas shall ensure the normal operation of the comprehensive utilization or harmless treatment facilities of their livestock and poultry feces and wastewater, and ensure the discharge of sewage up to the standard to prevent pollution of the water environment。

  Article 50 Aquaculture shall protect the ecological environment of the water area, scientifically determine the density of aquaculture, rationally feed bait and use drugs, and prevent pollution of the water environment。

  Article 51 Where industrial wastewater and urban sewage are discharged into farmland irrigation channels, the water quality of the nearest irrigation water intake points downstream shall comply with the water quality standards for farmland irrigation。

  Industrial waste water and urban sewage shall be used for irrigation to prevent pollution of soil, groundwater and agricultural products。

  Section V Prevention and Control of water pollution from ships

  Article 52 The discharge of oily sewage and domestic sewage by ships shall comply with the standards for the discharge of pollutants from ships。Vessels engaged in Marine navigation entering inland rivers and ports shall comply with the standards for pollutant discharge by vessels on inland rivers。

  The ship's residual oil and waste oil shall be recovered and shall not be discharged into any water body。

  Dumping ship refuse into water bodies is prohibited。

  Ships carrying oil or toxic goods shall take measures to prevent overflow and leakage so as to prevent water pollution caused by the cargo falling into the water。

  Article 53 Vessels shall, in accordance with the relevant provisions of the State, be equipped with appropriate anti-pollution equipment and equipment, and hold legal and effective certificates and documents for the prevention of environmental pollution of water areas。

  When a ship conducts operations involving the discharge of pollutants, it shall strictly abide by the operating procedures and truthfully record them in the corresponding record books。

  Article 54 Ports, wharves, loading and unloading stations and ship repair plants shall have adequate facilities for receiving pollutants and wastes from ships。Units engaged in the operations of receiving pollutants and wastes from ships, or in the operations of cleaning the cabins of cargo loaded with oil or hazardous pollution shall have the capacity of receiving and processing appropriate to the scale of their operations。

  Article 55 Vessels engaged in the following activities shall draw up operational plans, take effective safety and pollution prevention measures, and report to the local maritime administrative authority for approval:

  (1) to receive oil residues, oily sewage and residues of goods with hazardous pollution, or to clean the hold where oil and goods with hazardous pollution are loaded;

  (2) carrying out the transfer of goods hazardous to liquid pollution in bulk;

  (3) to carry out vessel dismantling, salvage or other construction operations on or under water。

  The dismantlement of fishing vessels on water in the waters of fishing ports shall be reported to the competent department of fisheries in the place of operation for approval。

  Chapter V Protection of Drinking water sources and other special water bodies

  Article 56 The State establishes a system of drinking water source protection areas。Drinking water source protection areas are divided into first level protection areas and second level protection areas.If necessary, a certain area outside the drinking water source protection zone may be designated as a quasi-protection zone。

  Demarcation of drinking water source protection areas,The people's government of the city or county concerned shall put forward a plan for delimitation,Submit to the people's government of the province, autonomous region or municipality directly under the Central Government for approval;Demarcation of drinking water source protection areas across cities and counties,The people's governments of the cities and counties concerned shall, through consultation, put forward plans for the delimitation,Submit to the people's government of the province, autonomous region or municipality directly under the Central Government for approval;non-negotiable,The competent departments of environmental protection of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, together with the departments of water administration, land and resources, public health and construction at the same level, put forward the delineation plan,After seeking the opinions of the relevant departments at the same level,It shall be submitted to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval。

  Drinking water source protection areas across provinces, autonomous regions and municipalities directly under the Central government,It shall be delimited by the people's governments of relevant provinces, autonomous regions and municipalities in consultation with the relevant river basin management agencies;non-negotiable,The competent department of environmental protection under The State Council shall, together with the departments of water administration, land and resources, public health and construction at the same level, put forward a plan for demarcation,After seeking the opinions of the relevant departments of The State Council,Submit to The State Council for approval。

  The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in light of the actual needs for the protection of drinking water sources, adjust the scope of drinking water source protection zones to ensure the safety of drinking water。The local people's governments concerned shall set up clear geographical boundary marks and obvious warning signs at the boundaries of drinking water source protection areas。

  Article 57 In drinking water source protection areas, sewage discharge outlets are prohibited。

  Article 58 It is prohibited to build, rebuild or expand any construction project unrelated to water supply facilities and the protection of water sources within the primary drinking water source protection zone;The completed construction projects unrelated to water supply facilities and the protection of water sources shall be ordered to be dismantled or shut down by the people's governments at or above the county level。

  Cage breeding, tourism, swimming, fishing or other activities that may pollute drinking water bodies are prohibited in the primary protection zones for drinking water sources。

  Article 59 It is prohibited to build, rebuild or expand construction projects that discharge pollutants within the secondary protection zone for drinking water sources;A completed construction project discharging pollutants shall be ordered to be dismantled or closed down by the people's government at or above the county level。

  Those who engage in cage breeding, tourism and other activities in the secondary protection zone of drinking water sources shall take measures in accordance with regulations to prevent pollution of drinking water bodies。

  Article 60 It is prohibited to build or expand construction projects that seriously pollute water bodies within the drinking water source quasi-protection zone;Reconstruction and construction projects shall not increase the amount of sewage discharged。

  Article 61 The local people's governments at or above the county level shall, in accordance with the actual needs for the protection of drinking water sources, take engineering measures or ecological protection measures such as the construction of wetlands and water source conservation forests within the quasi-protected areas to prevent the direct discharge of water pollutants into drinking water bodies and ensure the safety of drinking water。

  Article 62 Where a source of drinking water is polluted and may threaten the safety of water supply, the competent department of environmental protection shall order the enterprises and institutions concerned to take measures such as stopping or reducing the discharge of water pollutants。

  Article 63 The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in light of the needs of water environment protection, stipulate that in drinking water source protection areas, measures such as prohibition or restriction of the use of detergents, fertilizers and pesticides containing phosphorus, and restriction of planting and breeding shall be taken。

  Article 64 People's governments at or above the county level may designate protected areas for water bodies of scenic or historic interest areas, important fishery water bodies and other water bodies of special economic and cultural value, and take measures to ensure that the water quality in the protected areas meets the water environment quality standards for the specified uses。

  Article 65 No new sewage outlet may be built within the protection areas for water bodies of scenic or historic interest areas, important fishery water bodies and other water bodies of special economic and cultural value。When a new sewage outlet is built near the protected area, the water body of the protected area shall be protected from pollution。

  Chapter VI Disposal of water pollution accidents

  Article 66 People's governments at all levels and their relevant departments, as well as enterprises and institutions where water pollution accidents are likely to occur, shall, in accordance with the provisions of the Emergency Response Law of the People's Republic of China, make good emergency preparation, emergency treatment and post-event recovery of water pollution accidents。

  Article 67 Enterprises and institutions that may suffer from water pollution accidents shall formulate emergency plans for water pollution accidents, make emergency preparations, and conduct regular exercises。

  Enterprises and institutions that produce and store hazardous chemicals shall take measures to prevent direct discharge of fire control wastewater and waste liquid that may seriously pollute water bodies generated in the process of handling safety production accidents into water bodies。

  Article 68 Where an accident or other unexpected event occurs in an enterprise or institution, which has caused or may cause a water pollution accident, it shall immediately initiate its own emergency plan, take emergency measures, and report to the local people's government at or above the county level or the competent department of environmental protection in the place where the accident occurs。After receiving the report, the competent department of environmental protection shall promptly report to the people's government at the corresponding level and send a copy to the relevant department。

  Where an accident of fishery pollution is caused or an accident of water pollution is caused by a fishing vessel, a report shall be made to the competent department of fishery in the place where the accident occurs and the case shall be investigated and handled。If any other vessel causes a water pollution accident, it shall report to the maritime administrative agency at the place where the accident occurs and accept the investigation and handling;If damage is caused to fisheries, the maritime administrative agency shall notify the competent fisheries department to participate in the investigation and handling。

  Chapter VII Legal liability

  Article 69 The competent department of environmental protection or any other department exercising supervision and administration power in accordance with the provisions of this Law,Failing to issue administrative license or handle approval documents according to law,Failing to investigate and handle an illegal act after discovering it or receiving a report on an illegal act,Or commits other acts that fail to perform their duties in accordance with the provisions of this Law,The persons directly in charge and other persons directly responsible shall be given sanctions according to law。

  Article 70 Refusal of supervision and inspection by competent environmental protection authorities or other departments exercising supervision and administration power in accordance with the provisions of this Law,Or resorting to fraud while accepting supervision and inspection,The competent environmental protection department of the people's government at or above the county level or any other department exercising supervision and administration power in accordance with the provisions of this Law shall order a correction,A fine of not less than 10,000 yuan but not more than 100,000 yuan。

  Article 71 Violation of the provisions of this Law,The water pollution prevention and control facilities of the construction project have not been completed, have not been inspected or have failed to pass the inspection,The principal part of the project is immediately put into production or use,The competent department of environmental protection of the people's government at or above the county level shall order the cessation of production or use,Until acceptance,A fine of not less than 50,000 yuan but not more than 500,000 yuan。

  Article 72 Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered by the competent environmental protection department of the people's government at or above the county level to make corrections within a time limit;Those who fail to make corrections within the time limit shall be fined not less than 10,000 yuan but not more than 100,000 yuan:

  (1) refusing to report or falsely reporting the items required by the competent department of environmental protection under The State Council to declare and register the discharge of water pollutants;

  (2) failing to install automatic monitoring equipment for water pollutant discharge in accordance with regulations or failing to network with the monitoring equipment of the competent department of environmental protection in accordance with regulations, and ensure the normal operation of the monitoring equipment;

  (3) failing to monitor the discharged industrial wastewater in accordance with the provisions and keeping the original monitoring records。

  Article 73 Whoever, in violation of the provisions of this Law, improperly uses water pollutant treatment facilities, or demolishes or leaves idle water pollutant treatment facilities without the approval of the competent environmental protection department, shall be ordered by the competent environmental protection department of the people's government at or above the county level to make corrections within a time limit, and shall be imposed with a fine of not less than one time but not more than three times the amount of the pollutant discharge fee。

  Article 74 Violation of the provisions of this Law,The discharge of water pollutants exceeds the national or local standards for the discharge of water pollutants,Or exceeding the total emission control targets for key water pollutants,The competent environmental protection department of the people's government at or above the county level shall, according to the limits of its authority, order rectification within a time limit,Shall pay a fine of not less than two times but not more than five times the amount of the pollutant discharge fee。

  During the period of treatment within a time limit, the competent department of environmental protection shall order to restrict production, limit discharge or stop production for rectification。The period of treatment within the prescribed time limit shall not exceed one year;If the task of governance is not completed within the time limit, it shall be reported to the people's government with the power of approval for approval and ordered to close down。

  Article 75 Sewage outlets are provided in drinking water source protection areas,The local people's government at or above the county level shall order it to be dismantled within a time limit,A fine of not less than 100,000 yuan but not more than 500,000 yuan;Those that are not dismantled within the time limit,Forced demolition,The cost shall be borne by the offender,A fine of not less than 500,000 yuan but not more than one million yuan,And may be ordered to stop production for rectification。

  Except as provided in the preceding paragraph,In violation of laws, administrative regulations and the provisions of the competent environmental protection department under The State Council, the establishment of sewage discharge outlets or private underground pipes,The competent department of environmental protection of the local people's government at or above the county level shall order the demolition within a time limit,A fine of not less than 20,000 yuan but not more than 100,000 yuan;Those that are not dismantled within the time limit,Forced demolition,The cost shall be borne by the offender,A fine of not less than 100,000 yuan but not more than 500,000 yuan;Setting up secret pipes or other serious circumstances,The competent environmental protection department of the local people's government at or above the county level may request the local people's government at or above the county level to order the suspension of production for rectification。

  Any person who, without the consent of the water administrative department or the river basin administrative department, builds, renovates or expands a sewage outlet in a river or lake shall, in accordance with his functions and powers, take measures and impose penalties on him in accordance with the provisions of the preceding paragraph。

  Article 76 Committing any of the following acts,The competent environmental protection department of the local people's government at or above the county level shall order the cessation of the illegal act,Take control measures within a time limit,decontamination,Impose a fine;Failing to take remedial measures within the time limit,The competent department of environmental protection may designate a unit capable of governance on its behalf,The cost shall be borne by the offender:

  (1) Discharging oil, acid or alkali into a water body;

  (2) discharging highly toxic waste liquid into any water body, or discharging, dumping or burying directly into the ground soluble highly toxic waste residue containing mercury, cadmium, arsenic, chromium, lead, cyanide, yellow phosphorus, etc.;

  (3) cleaning vehicles or containers that have been used to store oil or toxic pollutants in water bodies;

  (4) discharging or dumping industrial wastes, urban refuse or other wastes into any water body, or piling up or storing solid wastes or other pollutants on beaches or bank slopes below the highest water level of any river, lake, canal, channel or reservoir;

  (5) Discharging or dumping radioactive solid waste or waste water containing high or medium radioactive substances into a water body;

  (6) Discharging waste water containing low radioactive substances, thermal waste water or sewage containing pathogens into any water body in violation of the relevant provisions or standards of the State;

  (7) using seepage Wells, pits, crevasses or karst caves to discharge or dump waste water containing toxic pollutants, sewage containing pathogens or other wastes;

  (8) transporting or storing waste water containing toxic pollutants, sewage containing pathogens or other wastes by means of ditches, pits and ponds without measures to prevent leakage。

  Committing any of the acts in items 3 or 6 of the preceding paragraph,A fine of not less than 10,000 yuan but not more than 100,000 yuan;Committing any of the acts in Item (1), Item (4) or Item (8) of the preceding paragraph,A fine of not less than 20,000 yuan but not more than 200,000 yuan;Committing any of the acts in items 2, 5 or 7 of the preceding paragraph,A fine of not less than 50,000 yuan but not more than 500,000 yuan。

  Article 77 Violation of the provisions of this Law,Production, sale, import or use of equipment included in the list of equipment prohibited from production, sale, import or use of seriously polluting the water environment,Or adopting a process included in the list of prohibited processes that seriously pollute the water environment,The comprehensive macroeconomic control department of the people's government at or above the county level shall order the correction,A fine of not less than 50,000 yuan but not more than 200,000 yuan;serious,Opinions shall be submitted by the comprehensive macroeconomic control departments of the people's governments at or above the county level,Report to the people's government at the corresponding level for an order to suspend business or close down。

  Article 78 Violation of the provisions of this Law,Building small paper making, leather making, printing and dyeing, dyestuff, coke, sulfur, arsenic, mercury, oil refining, electroplating, pesticides, asbestos, cement, glass, steel, thermal power and other production projects that are not in conformity with the industrial policies of the State and that seriously pollute the water environment,The people's government of the city or county where it is located shall order it to be closed。

  Article 79 The vessel is not equipped with appropriate anti-pollution equipment and equipment,Or does not hold legal and effective certificates and documents for the prevention of environmental pollution of water areas,The maritime administrative agency and the competent fishery department shall order rectification within a time limit according to the division of duties,A fine of not less than 2,000 yuan but not more than 20,000 yuan;Not corrected within the time limit,Order the ship to suspend its voyage temporarily。

  Where a ship conducts operations involving the discharge of pollutants and fails to observe the operating rules or truthfully record them in the corresponding record books, the maritime administrative authority or the competent fisheries department shall, in accordance with the division of functions and duties, order it to make corrections and impose a fine of not less than 2,000 yuan but not more than 20,000 yuan。

  Article 80 Violation of the provisions of this Law,Committing any of the following acts,The maritime administrative agency and the competent fishery department shall order the cessation of the illegal act in accordance with the division of duties,Impose a fine;water-polluting,Order the adoption of remedial measures within a time limit,Elimination of pollution;Failing to take remedial measures within the time limit,The maritime administrative agency and the competent fishery department may, in accordance with the division of duties, designate units with the ability to govern on their behalf,The cost shall be borne by the ship:

  (1) Dumping ship refuse into any water body or discharging ship's residual oil or waste oil;

  (2) Without the approval of the maritime administrative authority of the place where the ship is operating, the ship carries out receiving operations of residual oil, oily sewage or residues of polluting goods, or carries out cleaning operations of the hold where oil or polluting goods are loaded, or carries out transferring operations of bulk liquid polluting goods;

  (3) carrying out vessel dismantling, salvage or other construction operations on or under water without the approval of the local maritime administrative authority;

  (4) disassembling fishing vessels on water in the waters of fishing ports without the approval of the competent fisheries department of the place of operation。

  Whoever commits any of the acts (1), (2) or (4) mentioned in the preceding paragraph shall be fined not less than 5,000 yuan but not more than 50,000 yuan;Whoever commits the act referred to in paragraph 3 of the preceding paragraph shall be fined not less than 10,000 yuan but not more than 100,000 yuan。

  Article 81 Whoever commits any of the following acts shall be ordered by the competent department of environmental protection of the local people's government at or above the county level to cease the illegal act and be imposed a fine of not less than 100,000 yuan but not more than 500,000 yuan;It shall be reported to and approved by the people's government with approval power and ordered to be dismantled or shut down:

  (1) Building, rebuilding or expanding construction projects unrelated to water supply facilities and water source protection within the primary drinking water source protection area;

  (2) Building, rebuilding or expanding construction projects that discharge pollutants within the secondary protection zone of drinking water sources;

  (3) Building or expanding construction projects that seriously pollute water bodies in drinking water source quasi-protection areas, or rebuilding construction projects that increase the amount of pollutants discharged。

  Those who engage in cage breeding or organize tourism, fishing or other activities that may pollute drinking water bodies within the first-level protection area of drinking water sources shall be ordered by the competent department of environmental protection of the local people's government at or above the county level to stop their illegal acts and be imposed with a fine of not less than 20,000 yuan but not more than 100,000 yuan。Any individual who swims, fishes or engages in other activities that may pollute drinking water bodies within the first-level protection area for drinking water sources shall be ordered by the competent department of environmental protection of the local people's government at or above the county level to cease his illegal acts and may be imposed a fine of not more than 500 yuan。

  Article 82 An enterprise or institution that commits any of the following acts shall be ordered to make corrections by the competent department of environmental protection of the people's government at or above the county level;If the circumstances are serious, a fine of not less than 20,000 yuan but not more than 100,000 yuan shall be imposed:

  (1) failing to formulate emergency plans for water pollution accidents in accordance with regulations;

  (2) failing to initiate the emergency plan for the water pollution accident and take relevant emergency measures after the occurrence of the water pollution accident。

  Article 83 Enterprises and institutions violate the provisions of this Law,Causing water pollution accidents,The competent environmental protection department of the people's government at or above the county level shall impose a fine in accordance with the provisions of paragraph 2 of this article,Order the adoption of remedial measures within a time limit,Elimination of pollution;Failing to take governance measures as required or lacking governance capacity,The competent department of environmental protection shall designate a unit capable of governance on its behalf,The costs incurred shall be borne by the offender;Causing a major or extremely serious water pollution accident,It may be submitted to the people's government with the power of approval for approval,Order closure;The persons in charge who are directly responsible and other persons who are directly responsible may be fined not more than 50% of the income obtained from their units in the previous year。

  If a general or major water pollution accident is caused, a fine shall be calculated at 20 percent of the direct losses caused by the water pollution accident;If a serious or extremely serious water pollution accident is caused, a fine shall be calculated on the basis of 30 percent of the direct losses caused by the water pollution accident。

  Whoever causes an accident of fishery pollution or a water pollution accident caused by a fishery vessel shall be punished by the competent department of fishery;Any other vessel that causes a water pollution accident shall be punished by the maritime administrative authority。

  Article 84 If a party refuses to accept the decision on administrative punishment, it may apply for administrative reconsideration or, within 15 days from receipt of the notification, bring a suit in a people's court.If a person fails to apply for administrative reconsideration or bring a suit within the time limit and fails to implement the decision on administrative punishment, the organ that made the decision on administrative punishment shall apply to a people's court for compulsory execution。

  Article 85 A party who has suffered damage as a result of water pollution shall have the right to request the discharging party to eliminate the harm and to compensate for the loss。

  Where water pollution damage is caused by force majeure, the discharging party shall not be liable for compensation;Except as otherwise provided by law。

  If water pollution damage is intentionally caused by the victim, the discharging party shall not be liable for compensation。Water pollution damage is caused by the gross negligence of the victim, which can reduce the liability of the pollutant discharging party。

  Where water pollution damage is caused by a third party, the discharging party shall have the right to recover from the third party after assuming the liability for compensation。

  Article 86 A dispute over the liability for compensation for damage caused by water pollution and the amount of compensation may, at the request of the parties, be settled by the competent environmental protection department or the maritime administrative department or the competent fisheries department in accordance with the division of duties;If mediation fails, the parties may bring a lawsuit in a people's court。A party may also bring a suit directly in a people's court。

  Article 87 In a lawsuit for compensation for damage caused by water pollution, the polluter shall bear the burden of proof that there is no causal relationship between the cause of exemption provided for by law and the result of the damage。

  Article 88 Where a large number of parties have suffered damage due to water pollution, the parties may elect representatives to carry out a joint lawsuit according to law。

  The competent department of environmental protection and the relevant public organizations may, in accordance with law, support a party who has suffered damage due to water pollution to bring a lawsuit in a people's court。

  The State encourages legal service institutions and lawyers to provide legal aid to victims in water pollution damage lawsuits。

  Article 89 In case of a dispute over the liability for damages and the amount of compensation caused by water pollution, the parties may entrust an environmental monitoring institution to provide monitoring data。Environmental monitoring institutions shall accept the entrustment and truthfully provide the relevant monitoring data。

  Article 90 Whoever violates the provisions of this Law and constitutes an act violating the administration of public security shall be punished for the administration of public security according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law。

  Chapter VIII Supplementary Provisions

  Article 91 The meanings of the following terms used in this Law:

  (1) Water pollution means a change in the chemical, physical, biological or radiological characteristics of a water body caused by the intervention of a substance, thereby affecting the effective use of water, endangering human health or damaging the ecological environment, and resulting in the deterioration of water quality。

  (2) Water pollutant means a substance that is discharged directly or indirectly into a water body and can cause water pollution。

  (3) Toxic pollutants refer to those pollutants which, after being directly or indirectly ingested into the body of an organism, may cause illness, abnormal behaviour, genetic alteration, physiological dysfunction, bodily deformation or death of that organism or its offspring。

  (4) fishery water body means the water body designated for spawning grounds, feeding grounds, wintering grounds, migration channels and aquaculture grounds for fish, shrimp, shellfish and algae。

  Article 92 This Law shall come into force as of June 1, 2008。